1. Legally Binding Agreement

1.1. These Terms of Use (“Terms”), in conjunction with the Privacy Policy, constitute a legally binding agreement (“Agreement”) between Auscare Staffing Agency Pty Ltd (ACN 135 506 357) (“Auscare”; “We”; “Us” or “Our”) and each user (“You” or “Your”) regarding your use of the auscaregroup.com.au website and any other website owned by us (the “Website”).

1.2. By using or accessing the Website, You agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, please do not use the Website.

1.3. These Terms and the Privacy Policy together constitute the entire agreement between the parties supersedes and replaces all prior negotiations, representations or agreements, whether written or oral.

1.4. This Agreement is effective from the time you first use the Website until it is terminated by either party in accordance with clause 13 below, or until it is expressly revoked by Auscare in writing.

2. Use of the Website

2.1. Subject to Your agreeing to these Terms, We grant You a non-exclusive, non-transferable, worldwide licence to use the Website, provided that:

(a) You will not copy or distribute any part of the Website in any form without our prior written consent;

(b) You will otherwise comply with these Terms and the Privacy Policy.

2.2. Failure to comply with these Terms may lead to your licence being immediately revoked by Auscare, in accordance with clause 12 below.

2.3. You agree that Your use of any information or materials on this website is entirely at Your own risk, for which We shall not be liable

2.4. You acknowledge and agree that the content of this Website is for your general information and use only, and is subject to change without notice.

3. Your Account

3.1. In order to use the Website for education and training courses and employment purposes, You must register an account (“Account”) with Us in which You must enter Your personal details including, without limitation, to personally identifying information such as your name, your company, your position within the Company, Your email address, your home address, date of birth, employment history and medical information (“Personal Information”). In this Agreement, the word “Company” also includes any partnerships, joint ventures, sole traders and other entities engaged in business.

3.2. You must use your real name and Company name when registering for an Account.

3.3. You may not register more than one Account in Your name or Your Company’s name, or for your own use.

3.4. You must be an authorised representative of your company to register an account. It is presumed that the person registering an Account on behalf of their company is an authorised representative of that company who may bind the company to this agreement. Alternatively, if you are an individual, you must either be over 18 years of age or have the consent of a parent or guardian to use this Website.

3.5. You agree that you will keep your account up to date. If any of your personal Information changes after you have registered your account, you must update your personal Information in your account as soon as possible after any changes which affect your personal information.

3.6. Upon registering an account, you will be given a user name and password (“Authorisation Details”) which will allow you to access certain features of Our Website. It is your responsibility to keep your authorisation details secure, and you must immediately notify us of any unauthorised use of your authorisation details or account or any other breach of security. We will not be liable for any loss or damage which arises as a result of your non-compliance with this clause 3.6.

3.7. For the purposes of this agreement, any use of the Website which can be attributed to your account is deemed to be a use of the website by you, unless you have previously notified us in writing of an unauthorised use of your authorisation details or account or any other breach of security according to clause 3.6 above.

3.8. You may change your authorisation details at any time by updating your account.

3.9. You may not sell, transfer or assign your account or profile to any third party unless You have the prior written consent from us.

3.10. You may not use another user’s account without their express written consent. We may require proof of their consent at any time.

3.11. We reserve the right to terminate your account and restrict access to all or part of the Website at any time in our sole discretion and without notice.

4. Your Submissions

4.1. You are responsible for any requests for staff placement, other materials and information (including Personal Information) (“Submissions”) that are posted through your account onto the Website, including, without limitation, to information relating to the company in which there exists a placement, whether or not it is posted by you. You must warrant that you own the submissions or otherwise have the right to grant a licence to Auscare to use, display, distribute, copy or otherwise exploit your submissions.

4.2. By posting your submissions you grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable, transferable, royalty free licence to use, display, distribute, copy or otherwise exploit the submissions.

4.3. Any information you provide to us, (other than Personal Information provided) when creating a user account with us, or information which we agree is confidential in writing, will be treated as non-confidential and non-proprietary.

4.4. You must not post any submissions that are confidential.

4.5. You must not collect from the Website or use any other user’s submissions or personal Information, including account names or email addresses of other Website users, nor use the communication systems provided by the Website for any purpose other than the purpose of posting requests for staff placement and other related purposes.

4.6. Unless we expressly state in writing, we do not endorse your submissions or any other user’s submissions, and make no representations or warranties regarding them. You will be solely responsible for your own submissions and the consequences of posting them.

4.7. Operators of job search engines may use spiders to copy materials from the Website, including your submissions, for the purpose of creating a publicly available searchable index of materials, excluding archives and caches.

5. Monitoring of Submissions

5.1. We have no obligation to accept, display, review, monitor or maintain any user’s submissions. You acknowledge that you do not rely on us to monitor or edit the Website, and that the Website may contain submissions which you find offensive. You agree to waive any objections you might have with respect to viewing such submissions.

5.2. Notwithstanding clause 5.1, we reserve the right to review or monitor all user submissions to ensure that they comply with the ethical and legal standards set out in these terms and in any legislation and any other regulatory instruments in relation to the employment of personnel. We reserve the right to delete or remove user submissions from our Website without notice for any reason at any time.

5.3. The Website may contain links to third party products or websites that are not owned or controlled by us. These links are provided for your convenience to provide further information. They do not signify our endorsements of the website(s).

5.4. You acknowledge that all advertisements appearing on the Auscare Website is the responsibility of the third party who posted the advertisement. Auscare will not accept responsibility for any advertisements posted on our Website by third parties.

5.5. You must take reasonable care to ensure that the advertisement is accurate, authentic, appropriate and relevant for their purpose.

5.6. We assume no responsibility for the content, privacy policies, or practices of any third party product and website. You agree to release us from any and all liability arising from your use of any third party website or product.

6. Prohibited Use

6.1. You agree to adhere to generally accepted rules of etiquette and standards of behaviour in your use of the Website, posting of submissions and interactions with other users via the Website.

6.2. You agree not to use the Website in any way which is, in our opinion, abusive, threatening, harassing, bullying, intimidating, hateful or discriminatory.

6.3. Neither you nor anyone having access to your account may post any submissions, which are, in our opinion:

(a) Untrue;

(b) Profane, vulgar, obscene, pornographic, contain nudity, graphic or gratuitous violence, or inciting of hatred or violence;

(c) Discriminatory or vilifying of a person’s race, gender, age, religion or sexual orientation;

(d) Defamatory;

(e) Misleading and/or deceptive;

(f) A violation of any third party’s intellectual property rights, including, but not limited to, any trademark, whether registered or unregistered, design; whether registered or unregistered; copyright, patent, patent application, and any other submissions which are subject to intellectual property infringement proceedings anywhere in the world;

(g) Trade secrets, proprietary or confidential information;

(h) Unauthorised advertising; including promotion of software and services that deliver unauthorised and unsolicited advertisements;

(i) Links to any other websites without the express written consent from Us;

(j) Information obtained through illegal means;

(k) Information which identifies or contains personal information of a third party without their consent, including, without limitation, to telephone numbers, full names, and email addresses;

(l) Soliciting or publishing personal information (especially health or medical information) from or about other persons;

(m) Alterations to other user’s submissions without their consent;

(n) A violation of, or an encouragement for other users to violate, any applicable law, statute, ordinance or regulation of Australia or any state or territory;

(o) A breach of any person’s privacy or publicity rights;

(p) Viruses, or any computer code, file or program designed to, or has the effect of destroying, interrupting, or limiting the functionality of any computer software or hardware, or other telecommunications equipment;

(q) Submissions which allows usage by others in such a way as to violate this agreement; or

(r) Disruptive, distasteful or otherwise in bad taste, even if it does not specifically violate any of these terms.

6.4. Neither you nor anyone having access to your account may do, or attempt to do, any of the following:

(a) Use the Website in a way which is, in our opinion, contrary in any way to these terms or the Privacy Policy;

(b) Access areas of the Website which you are not authorised to access;

(c) Alter or tamper with any part of the Website except as expressly authorised;

(d) Send unsolicited advertising, email or chain letters to other users;

(e) Mislead others or otherwise misrepresent your relationship with us or that we have endorsed your submissions;

(f) Use any automated means or interface, including, without limitation, robots, spiders, or similar technological devices or programs not provided by us to access the Website, or to extract data for whatever reason;

(g) Reverse engineer any aspect of the Website or do anything to discover the source code, or to circumvent measures put in place by us to prevent or limit access to any area of the Website; or

(h) Send viruses, or any computer code, file or program to the Website designed to, or has the effect of destroying, interrupting or limiting the functionality of any computer software or hardware, or other telecommunications equipment.

6.5. If you see any post which violates any part of Clause 6.4 above, or become aware of other parties using this Website in contravention of Clause 6.5 above, you agree to report such instances to us.

6.6. We reserve the right to take any action we deem necessary to detect, identify, prevent, stop or remove any conduct which, in our opinion, constitutes a prohibited use under this clause 6. This includes, without limitation, the right to immediately and without notice delete or remove any Submission, and the right to immediately and without notice terminate any user account.

7. Privacy

7.1. We respect your privacy and are bound by the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) and Australian Privacy Principles in respect of all data, information, content and materials submitted by you. We warrant that we will take all reasonable steps to keep your personal information and our employees’ personal information secure, and not disclose it to a third party except as permitted or required by law.

7.2. We will not share your personal information with third parties for marketing purposes unless you have provided us with your express written consent.

7.3. However, by using our Website, you agree to our Privacy Policy, which allows Us to collect personal information about you, as well as information relating to your use of our Website, including, but not limited to, your internet protocol address, as well as your page visitation history (“Non-Personal Information”), to the extent permissible by the laws of Western Australia and Australia. You should refer to our Privacy Policy for full details.

7.4. You agree that we may access, preserve and/or share your personal information in response to a lawful request (such as a warrant, court order or subpoena) where there is a legal requirement upon us to do so. This may include legal requests from a jurisdiction outside of Western Australia and Australia where we believe in good faith that the access, preservation and sharing of information is required by the laws of that jurisdiction.

7.5. You agree that we may access, preserve and/or share your personal information in circumstances where we believe in good faith that it is necessary to detect, prevent or deal with fraud, unauthorised transactions or other illegal activity.

7.6. You agree that we reserve the right, but not the obligation, to monitor the Website and your use of it, including your user submissions, to identify content which violates any of the terms in clause 6, or to enforce any intellectual property rights that may be associated with your submissions.

8. Modification or Variation of Terms

8.1. We may change any of these terms at any time by posting a notice on our Website, or by emailing to you. You agree that you will be deemed to have notice of any modifications once we post them on our Website or notify you by email. You agree that your continued use of our Website after such notice will be taken as your acceptance of the modified terms. It is your responsibility to check our notification of such changes we send to you or otherwise check our Website periodically for any such modifications. If you do not agree with the modified Terms, You must close your account and immediately stop using our Website.

8.2. We warrant that where you notify us of a “Dispute” in accordance with clause 14 below, any changes made to the terms after you have notified us of the dispute, will not apply to you until the dispute has been resolved, notwithstanding clause 10.1.

8.3. We reserve the right to discontinue the Website or to change the content of the Website in any way and at any time, with or without notice to you, without liability.

9. Intellectual Property

9.1. Subject to clause 9.4 below, all content and information on the Website, including, without limitation, to the text, graphics, and photos created by and for us (“Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to us, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Content on the Website is provided to you ‘as is’ for your information and personal use only and may not be used for any other purpose whatsoever, without the prior written consent of us or as expressly provided herein.

9.2. The intellectual property rights in any alteration or modification to the Website made as a result of your suggestion/s, comment, feedback or request will vest immediately in Auscare.

9.3. You agree not to use any of the content other than expressly permitted in this agreement. If you download or print a copy of the content for personal or other non-infringing use, you must retain all copyright and other proprietary legal notices contained in such content.

9.4. The Website may include some open source software. Any and all open source code or material used by us will be governed by the relevant open source licences (including, without limitation, to GPL, Creative Commons or equivalent open-source licensing regimes). We warrant that our use of such material, if any, in developing the Website does not infringe any third party intellectual property or other rights and indemnify you in this respect.

9.5. We do not claim any ownership of any intellectual property rights over the submissions which you post through the Website. You warrant that you own the intellectual property, or otherwise are authorised or licensed to use the intellectual property in the submissions which you post through the Website and agree to indemnify us against any liability for any damage, loss, cost, expense or liability incurred arising from any claim, demand, suit, action or proceeding by any person with respect to intellectual property claims over the submissions posted by you.

9.6. We have no obligation to monitor or enforce any intellectual property rights that may be associated with your submissions. However, we may remove without notice any submissions where we are required by an order which we deem to be validly given by a court of competent jurisdiction. You agree that you will indemnify us for any damage, loss, cost, expense or liability incurred as a result of such removal.

10. Indemnities

10.1. Subject to any express indemnities contained herein, we disclaim and do not accept any liability whatsoever for any damage, loss, cost, expense or liability incurred arising from any claim, demand, suit, action or proceeding by any person, however arising and whether such damage, loss, cost, expense or liability is actual or contingent, present or future, quantified or unquantified.

10.2. You agree to indemnify and keep indemnified us and our servants, employees or agents (“Those Indemnified”) from and against any damage, loss, cost (including, without limitation, settlement costs), expense (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against us and/or those Indemnified, which either directly or indirectly arose from your use of the Website or the use by those having access to your account, and whether such damage, loss, cost, expense or liability is actual or contingent, present or future, quantified or unquantified.

11. Warranties and Representations

11.1. You warrant that You are either:

(a) a representative of your company who is authorised to enter into this legally binding agreement with us on behalf of the company; or

(b) a natural person over the age of 18 years; or

(c) a natural person under the age of 18 years who has the consent of a parent or guardian.

11.2. To the extent permissible by law, we make no representations or warranties whatsoever, whether express or implied, that the Website will be fit for purpose, free of errors or viruses, bug free, secure or compatible with any other software or hardware. We make no warranties as the quality, accuracy, or reliability of any information whatsoever provided on the Website. Further, we make no warranties that the content of the Website will be delivered in a timely or uninterrupted manner.

11.3. We make no warranties as to the suitability, quality, availability and safety of the Website, its contents or users’ submissions.

11.4. You acknowledge and agree that any services or information provided Website is to be provided “as is”, and that you have not relied upon any representations made by Auscare other than in this agreement.

12. Termination

12.1. We reserve the right to terminate this agreement with you at any time and for any reason whatsoever by closing your account. If we close your account, you may not, under any circumstances, register a new account without the prior written consent and approval from us.

12.2. You have the right to terminate this agreement at any time for any reason whatsoever. In the event that you wish to terminate this agreement, you must contact us to request that your account be closed.

12.3. The effect of terminating this agreement with us is that you will no longer have access to your account, and you will no longer be authorised to use the Website. However, Your submissions will remain on the Website and may be viewed by others, unless we decide, in our sole discretion, or by order of any court, to delete your submissions.

12.4. The terms and obligations of this agreement, except the grant of licence in clause 2.1, are to continue in full force and effect notwithstanding termination.

13. Jurisdiction

13.1. This agreement is governed by the law of Western Australia. You agree to submit to the exclusive jurisdiction of the courts of Western Australia.

14. Dispute Resolution

14.1. Neither you nor Auscare may start arbitration or court proceedings (except proceedings seeking urgent interlocutory relief) in respect of a dispute in relation to this agreement (“Dispute”) unless you or Auscare has first complied with this clause 14 and its relevant sub-clauses.

14.2. If you or Auscare claims that a dispute has arisen, then you or Auscare must:

(a) Notify the other party by all reasonable means;

(b) Within seven (7) days after notice is given, both you and Auscare must nominate a representative who is authorised to settle the dispute on its behalf;

(c) During the fourteen (14) day period after notice is given (or, if you and Auscare agree to a longer period, that longer period), you and/or your authorised representative must meet with Auscare and/or its authorised representative to resolve the dispute.

14.3. If the dispute is not resolved within the time specified in clause 14.2(c) above, the dispute must be referred to mediation in accordance with the Mediation Rules of the Institute of Arbitrators and Mediators Australia (“IAMA”) in force at the time to:

(a) A mediator agreed by both parties, or if the parties do not agree to a mediator, a mediator nominated by IAMA; and

(b) Any dispute not resolved in accordance with clause 14.3(a) above within thirty (30) days of the appointment of a mediator may then be referred to an appropriate court of competent jurisdiction.

14.4. The costs of resolving the dispute in accordance with clauses 14.2 and 14.3 above will be paid equally between both parties.

14.5. Nothing in the preceding clause 14 will deny either party the right to seek urgent interlocutory relief (including an injunction) from an appropriate court in relation to any dispute arising under this agreement.

15. General

15.1. If any part of this agreement is deemed unenforceable by a court, that part shall be modified or severed as appropriate to reflect the parties’ intention, and the rest shall remain in full force and effect.

15.2. Any failure or delay in or by Auscare in enforcing any part of these terms is not to be construed as a waiver of our rights.

15.3. Our rights and obligations under this agreement may be transferred or assigned at any time.

15.4. We reserve all rights at law and in equity